Mill Creek Construction received approval to build 65 homes…

Mill Creek Construction received approval to build 65 homes on a tract of land located between Main Avenue and 18th Street in Newtown. 7-11 stores bought 1 acre of land on 15th Street and in contemplation of the new development 7-11 built a superstore. Mill Creek never built the 65 homes. The 7-11 went bankrupt, 7-11 sued Mill Creek, but the lawsuit was dismissed because the court found that 7-11 was a ___________________.